Traffic offences such as drink driving, drug driving, and dangerous driving, among others, can appear on a police check as they are considered criminal offences. However, minor infringements, like parking tickets or speeding fines, typically do not appear on a criminal history check.

Traffic infringements, like speeding or parking tickets, are generally not considered criminal offences in Queensland. They are typically handled through fines or penalties, and don’t usually appear on your criminal record. However, more serious traffic offences like drink driving or dangerous driving are considered criminal offences and are handled in court.

Yes, a traffic offence can carry a criminal record. Serious traffic offences such as drink driving, drug driving, dangerous driving or causing harm by dangerous driving are criminal offences and if found guilty, these offences will appear on your criminal record.

For most minor traffic offences, the authorities have one year from the date of the alleged offence to issue a penalty or charge. For more serious offences, like dangerous or drink driving, there’s no time limit on when a charge can be brought. Always consult with a traffic lawyer for advice tailored to your specific situation.

In short, you can refuse a breath test however the consequences could be detrimental to you and your licence.

A Police officer can lawfully request that you take a breath test randomly, meaning they do not need to suspect that you have been drink driving, or after they form a suspicion that you are under the influence of a substance (alcohol or drug). Simply speaking, a breath test is used to measure the concentration of alcohol in your blood.

Under section 80(5A) of the Queensland Transport Operations (Road Use Management) Act (TORUM), refusing to take a breath test is an offence punishable by imprisonment and if charged, you would need to go to court. This is regardless of whether or not you had actually consumed alcohol or drugs at the time of offence. The offence itself is referred to as ‘failing to provide a specimen of breath’. This offence carries the same penalties otherwise imposed on those found guilty of high range drink driving. If you plead guilty or are found guilty of this offence, you can lose your licence for 6 months or more and face a penalty of penalty units or even imprisonment.

You may lawfully refuse to provide a specimen of breath for medical reasons if you cannot, for example, blow at the required strength and for the required duration. You would need to have medical proof if this were the situation.

We’re traffic lawyers Gold Coast trust because we strive to help in every way we can. With this, we offer mobile consultations across the country from Cairns to Hobart.

On the Gold Coast, we’re happy to travel anywhere. So whether you’re based in Coolangatta, Southport, Robina, or elsewhere, we can travel to you and help defend your case.